J.). Relying on Michigan v. Jackson, 475 U. S. 625 (1986), respondent contended that his right to counsel had attached when Ridley was appointed in the burglary case and that Odessa police were therefore required to secure Ridley's permission before proceeding with the interrogation. That means that most of the different crimes mentioned above are not the "same offense." 259, 277-278, 645 A. Fifth Amendment right unless the suspect makes a clear and unambiguous assertion of the right to the presence of counsel during custodial interrogation. v. COBB. burger may have, to import it into this Sixth Amendment context will work havoc. Third, once this right attaches, law enforcement officials are required, in most circumstances, to deal with the defendant through counsel rather than directly, even if the defendant has waived his Fifth Amendment rights. Id., at 304. 99-1702, Taxes against Cobb. And to the extent Moulton spoke to the matter at all, it expressly referred to the offensespecific nature of the Sixth Amendment right to counsel. Acting on an anonymous tip that respondent was involved in the burglary, Walker County investigators questioned him about the events. 2d, at 121 (burglary, robbery, and murder of home's occupant); In re Pack, 420 Pa. Super. eral Robinson, Deputy Solicitor General Dreeben, and Deborah Watson. On appeal to the Texas Court of Criminal Appeals, he argued, inter alia, that his confession should have been suppressed because it was obtained in violation of his Sixth Amendment right to counsel, which he claimed attached when counsel was appointed in the burglary case. 1335, 149 L.Ed.2d 321, 69 U.S.L.W. shared with his wife, Margaret, and their 16-month-old daughter, Kori Rae, had been burglarized. In July 1994, while under arrest for an unrelated offense, respondent was again questioned about the incident. See U. S. The majority's approach is inconsistent with any common understanding of the scope of counsel's representation. See Miranda v. Arizona, 384 U. S., at 479; Dickerson v. United States, 530 U. S. 428, 435 (2000) (quoting Miranda). FACTS: Owings reported that the home he shared with his wife, Margaret, and their 16-month-old daughter, Kori Rae, had been burglarized. Under many States' laws, for example, the statute defining assault and the statute defining robbery each requires proof of a fact that the other does not. A court-made rule that prevents a suspect from even making this choice serves little purpose, especially given the regime of Miranda and Edwards. 259, 277-278, 645 A. But that is not so. One cannot say in favor of this commonly followed approach that it is perfectly clear--only that, because it comports with common sense, it is far easier to apply than that of the majority. Compare United States v. Dixon, 509 U. S. 688, 697-700 (1993) (opinion of Scalia, J.) 1999); People v. Clankie, 124 Ill. 2d 456, 462-466, 530 N. E. 2d 448, 451-453 (1988); State v. Tucker, 137 N. J. TEXAS v. COBB CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS. 2d 1117 (1993). On appeal to the Court of Criminal Appeals of Texas, respondent argued, inter alia, that his confession should have been suppressed because it was obtained in violation of his Sixth Amendment right to counsel. We ought to question the wisdom of a judge-made preventative rule to protect a suspect's desire not to speak when it cannot be shown that he had that intent. Deterred by the possibility of violating the Sixth Amendment, police likely would refrain from questioning certain defendants altogether. 9-11. Penal Code Ann. 2d 271, 68 U.S.L.W. Moulton appealed his convictions to the Supreme Judicial Court of Maine, arguing that introduction of the recorded conversation violated. In Blockburger v. United States, 284 U. S. 299 (1932), we explained that "where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not." This case requires us to determine whether an "offense"--for Sixth Amendment purposes--includes factually related aspects of a single course of conduct other than those few acts that make up the essential elements of the crime charged. Const., Amdt. An arrest warrant was issued in Des Moines on a charge of abduction, and the suspect was arraigned on that warrant before a Davenport judge. In a word, the police may not force a suspect who has asked for legal counsel to make a critical legal choice without the legal assistance that he has requested and that the Constitution guarantees. to Pet. Then I went back over to where they were and I started digging a hole between them. As defined by Texas law, burglary and capital murder are not the same offense under Blockburger. Investigators repeated this process in September 1995, again with Ridley's permission and again with the same result. Defendant was indicted for burglary of a home. That is because, in Patterson itself, this Court noted, "as a matter of some significance," that, at the time he was interrogated, the defendant had neither retained nor accepted the appointment of counsel. Here, police scrupulously followed Miranda's dictates when questioning respondent. The question in this case is whether the police violated respondent's Sixth Amendment rights under Michigan v. Jackson, 475 U.S. 625 (1986), by eliciting incriminating … See, e.g., Tr. 3551. We can, and should, define "offense" in terms of the conduct that constitutes the crime that the offender committed on a particular occasion, including criminal acts that are "closely related to" or "inextricably intertwined with" the particular crime set forth in the charging instrument. TEXAS. And, indeed, the text of the Sixth Amendment confines its scope to "all criminal prosecutions.". 1999); People v. Clankie, 124 Ill. 2d 456, 462-466, 530 N. E. 2d 448, 451-453 (1988); State v. Tucker, 137 N. J. Nor, in my view, did Cobb waive his right to counsel. §30.02(a) (1994) (requiring entry into or continued concealment in a habitation or building) with §19.03(a)(7)(A) (requiring murder of more than one person during a single criminal transaction). . 540, 556, 681 N. E. 2d 1218, 1229 (1997); In re Pack, 616 A. Despite the opinion's clear statement that "[i]ncriminating statements pertaining to other crimes, as to which the Sixth Amendment right has not yet attached, are, of course, admissible at a trial of those offenses," 474 U. S., at 180, n. 16, the Court affirmed the lower court's reversal of both burglary and theft charges even though, at the time that the incriminating statements at issue were made, Moulton had been charged only with theft by receiving, id., at 162, 167, 180. A suspect may initiate communication with the police, thereby avoiding the risk that the police induced him to make, unaided, the kind of critical legal decision best made with the help of counsel, whom he has requested. The majority's rule permits law enforcement officials to question those charged with a crime without first approaching counsel, through the simple device of asking questions about any other related crime not actually charged in. Cobb, however, denied knowledge of the disappearance of a woman and child from the home. 6 (guaranteeing right to counsel "[i]n all criminal prosecutions"). Argued January 16, 2001. Id., at 175, 178. … Daily Op. But that is not so. See also id., at 168 ("[T]he purpose of their meeting was to discuss the pending charges"); id., at 177 ("[T]he police knew ... that Moulton and [the informant] were meeting for the express purpose of discussing the pending charges ..." (emphasis added)). Texas v. Cobb Brief . Model Rule of Profesional Conduct 4.2 (4th ed. The Sixth Amendment right to counsel is personal to the defendant and specific to the offense. No. TEXAS v. COBB. See, e.g., United States v. Woodward, 469 U. S. 105, 108 (1985) (per curiam) (holding that lower court misapplied Blockburger test). We decline to do so. No. | Rehearing Denied June 23, 1938. Accordingly, when the Sixth Amendment right to counsel attaches, it encompasses offenses that, even if not formally charged, would be considered the same offense under the Blockburger test. his Sixth Amendment right to counsel. It will undermine the lawyer's role as "'medium'" between the defendant and the government. sometimes it may refer, narrowly and technically, just to the conceptually severable aspects of the latter. The judgment of the Court of Criminal Appeals of Texas is reversed. As defined by Texas law, burglary and capital murder are not the same offense under Blockburger. Oyez.org Creators Alec magstadt Important Dates Jared Phinney Term Case was Argued Tuesday January 16th 2001 Decision was Made Monday April 2nd 2001 Legal Provision 2000-2009 Sixth Amendment- right to counsel Question Facts of the Case Here, police scrupulously. But the Court today decides that "offense" means the crime set forth within "the four corners of a charging instrument," along with other crimes that "would be considered the same offense" under the test established by Blockburger v. United States, 284 U. S. 299 (1932). These courts have found offenses "closely related" where they involved the same victim, set of acts, evidence, or motivation. The police, when questioning Cobb, knew that he already had a lawyer representing him on the burglary charges and had demonstrated their belief that this lawyer also represented Cobb in respect to the murders by asking his permission to question Cobb about the murders on previous occasions. Brewer did not address the question at issue here. Texas v. Cobb case brief summary 532 U.S. 162 (2001) CASE SYNOPSIS. There is further reason to doubt the wisdom of the Jackson holding. choice of suspects who have received proper advice of their Miranda rights but waived them nonetheless. Decided April 2, 2001. But the acceptance of counsel at an arraignment or similar proceeding only begs the question: acceptance of counsel for what? Ashe v. Swenson, 397 U. S. 436, 445, n. 10 (1970). 1978) (first-degree murder) (requiring a killing) with Iowa Code §706.2 (1950) (repealed 1978) (child-stealing) (requiring proof that a child under 16 was taken with the intent to conceal the child from his or her parent or guardian). Cf. The Sixth Amendment right to counsel attaches quite without reference to the suspect's choice to speak with investigators after a Miranda warning. Gregory … In theory, the test says that two offenses are the "same offense" unless each requires proof of a fact that the other does not. JUSTICE BREYER, with whom JUSTICE STEVENS, JusTICE SOUTER, and JUSTICE GINSBURG join, dissenting. ceiving and burglary each required proof of a fact that the other did not, only Moulton's theft convictions should have been overturned. Des Moines police traveled to Davenport, took the man into custody, and began the drive back to Des Moines. While under arrest for an unrelated offense, respondent confessed to a home burglary, but denied knowledge of a woman and … He was indicted for the burglary, and counsel was appointed to represent him. Investigators repeated this process in September 1995, again with Ridley's permission and again with the same result. First, there can be no doubt that a suspect must be apprised of his rights against compulsory self-incrimination and to consult with an attorney before authorities may conduct custodial interrogation. First, the Sixth Amendment right to counsel plays a central role in ensuring the fairness of criminal proceedings in our system of justice. ATTORNEY(S) Gregory S. Coleman, Solicitor General of Texas, Argued the cause for petitioner. The Constitution does not take away with one hand what it gives with the other. With him on the brief were David A. Schulman and Lee Haidusek. That's all I could find. In 1995, after counsel was appointed to represent him in the burglary case, Cobb confessed to killing the woman and child to his father, who contacted the police. Pp. The result, I believe, will resemble not so much the Sargasso Sea as the criminal law equivalent of Milton's "Serbonian Bog ... Where Armies whole have sunk.". While under arrest for an unrelated offense, respondent confessed to a home burglary, but denied knowledge of a woman and child's disappearance from the home. He was convicted of capital murder and sentenced to death. At the same time, the majority's rule threatens the legal clarity necessary for effective law enforcement. The suspect ultimately was convicted of the girl's murder. Sometimes the term "offense" may refer to words that are written in a criminal statute; sometimes it may refer generally to a course of conduct in the world, aspects of which constitute the elements of one or more crimes; and. See id., at 176. There is, of course, an alternative. Along the way, one of the officers persuaded the suspect to lead police to the victim's body. (4th ed. It cannot be invoked once for all future prosecutions, for it does not attach until a prosecution is commenced, that is, at or after the initiation of adversary judicial criminal proceedings--whether by way of formal charge, preliminary hearing, indictment, information, or arraignment." Raymond Levi COBB, Appellant, v. The STATE of Texas. | June 9, 1938. See, e.g., Michigan v. Jackson, supra, at 632 (Sixth Amendment prevents police from questioning represented defendant through informants even when Fifth Amendment would not); Rhode Island v. Innis, 446 U. S. 291, 300, n. 4 (1980) (Fifth Amendment right, unlike Sixth, applies only in custodial interrogation). (c) At the time respondent confessed to the murders, he had been indicted for burglary but had not been charged in the murders. Second, the Constitution does not negate society's interest in the police's ability to talk to witnesses and suspects, even those who have been charged with other offenses. Ante, at 173. Stephen G. Tipps and Jennifer L. Walker Elrod filed a brief for the Texas District & County Attorneys Association et al. (a) In McNeil v. Wisconsin, 501 U. S. 171, 176, this Court held that a defendant's statements regarding offenses for which he has not been charged are admissible notwithstanding the attachment of his Sixth Amendment right to counsel on other charged offenses. With these further remarks, I join in full the opinion of the Court. denied, 522 U. S. 1095 (1998); Whittlesey v. State, 340 Md. What Sixth Amendment sense--what common sense--does such a rule make? See, e. g., Commonwealth v. Rainwater, 425 Mass. I would affirm the decision of the Texas court. INTRODUCTION Raymond Cobb ("Cobb") stabbed sixteen-month-old Kori Rae Owings's mother in the stomach while he was attempting to steal the stereo from their home.' In Brewer v. Williams, the effect of the majority's rule would have been even more dramatic. Texas v. Cobb case brief summary 532 U.S. 162 (2001) CASE SYNOPSIS. 1335 2001 WL 309572. Argued January 16, 2001. 2d 111, 120-121 (1994), cert. For reprint rights or to purchase a copy of your Daily Journal photo, email firstname.lastname@example.org for prices or call 949-702-5390. In my view, this unnecessarily technical definition undermines Sixth Amendment protections while doing nothing to further effective law enforcement. It started going toward its mom and it fell in the hole. 167-172. The Texas Court of Criminal Appeals, following this commonly accepted approach, found that the charged burglary and the uncharged murders were "closely related." The victims of the murders were also victims of the burglary. That is because, in Patterson itself, this Court noted, "as a matter of some significance," that, at the time he was interrogated, the defendant had neither retained nor accepted the appointment of counsel. Compare Iowa Code § 690.2 (1950 and Supp. CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS No. 487 U. S., at 290, n. 3. Texas v. Cobb, 532 U.S. 162 (2001), was a United States Supreme Court case in which the Court held that the Sixth Amendment right to counsel is offense-specific and does not always extend to offenses that are closely related to those where the right has been attached. After a short time, respondent confessed to murdering both Margaret and Kori Rae. The Constitution does not take away with one hand what it gives with the other. It is the commencement of a formal prosecution, indicated by the initiation of adversary judicial proceedings, that marks the beginning of the Sixth Amendment right. After being appointed a lawyer to represent him in his burglar case he confessed to his father about killing the woman and the child. Cobb is an unincorporated community in Kaufman County, located in the U.S. state of Texas.. References See, e.g., Taylor v. State, supra, at 845 (stolen property charges and burglary); State v. Tucker, supra, at 278, 645 A. Such an assumption, however, ignores the reality that police often are not yet aware of the, 3 In this sense, we could just as easily describe the Sixth Amendment as "prosecution specific," insofar as it prevents discussion of charged offenses as well as offenses that, under Blockburger, could not be the subject of a later prosecution. J.). After Jackson had been decided, the Court made the following observation with respect to Edwards: "Preserving the integrity of an accused's choice to communicate with police only through counsel is the essence of Edwards and its progeny-not barring an accused from making an initial election as to whether he will face the State's officers during questioning with the aid of counsel, or go it alone. Registry. Penal Code Ann. TEXAS, PETITIONER. These events may be quite independent of the suspect's election to remain silent, the interest which the Edwards rule serves to protect with respect to Miranda and the Fifth Amendment, and it thus makes little sense for a protective rule to attach absent such an election by the suspect. Every profession is competent to define the standards of conduct for its members, but such standards are obviously not controlling in interpretation of constitutional provisions. Some state courts and Federal Courts of Appeals, however, have read into McNeil's offense-specific definition an exception for crimes that are "factually related" to a charged offense.1 Several of these courts have interpreted Brewer v. Williams, 430 U. S. 387 (1977), and Maine v. Moulton, 474 U. S. 159 (1985)--both of which were decided well before McNeil--to support this view, which respondent now invites us to approve. nized in other contexts that the definition of an "offense" is not necessarily limited to the four corners of a charging instrument. Breyer, J., filed a dissenting opinion, in which Stevens, Souter, and Ginsburg, JJ., joined. He was indicted for the burglary, and counsel was appointed to represent him. In a word, as this Court previously noted, the right is "offense specific." See also Moulton, supra, at 180 ("[T]o exclude evidence pertaining to charges as to which the Sixth Amendment right to counsel had not attached at the time the evidence was obtained, simply because other charges were pending at the time, would unnecessarily frustrate the public's interest in the investigation of criminal activities"). COBB v. STATE; COBB v. STATE. I took the baby out there and it was sleeping the whole time. Investigations of either type of crime may require surveillance of individuals already under indictment. 540, 547-549, and n. 7, 681 N. E. 2d 1218, 1224, and n. 7 (1997) (vehicle theft charge and earlier vehicle thefts in same area), cert. As the facts of the instant case well illustrate, it is difficult to understand the utility of a Sixth Amendment rule that operates to invalidate a confession given by the free. 2d 841, 845 (Fla. App. L. Bull. 1 Several of these courts have interpreted Brewer v. Williams, 430 U. S. 387 (1977), and Maine v. Moulton, 474 U. S. 159 (1985)-both of which were decided well before McNeil-to support this view, which respondent now invites us to approve. That's all I could find. This case focuses upon the last-mentioned principle, in particular upon the meaning of the words "offense specific." United States Supreme Court. (c) At the time respondent confessed to the murders, he had been indicted for burglary but had not been charged in the murders. But, more to the point, the simple-sounding Blockburger test has proved extraordinarily difficult to administer in practice. 2d 155, 161 (1984)). And it will, on a random basis, remove a significant portion of the protection that this Court has found inherent in the Sixth Amendment. TEXAS V. COBB. In particular, recognizing the need for law enforcement officials to investigate "new or additional crimes" not the subject of current proceedings, Maine v. Moulton, supra, at 179, this Court has made clear that the right to counsel does not attach to any and every crime that an accused may commit or have committed, see McNeil v. Wisconsin, 501 U. S. 171, 175-176 (1991). Texas v. Cobb. We see no constitutional difference between the meaning of the term "offense" in the contexts of double jeopardy and of the right to counsel. Respondent predicts that the offense-specific rule will prove "disastrous" to suspects' constitutional rights and will "permit law enforcement officers almost complete and total license to conduct unwanted and uncounseled interrogations." See Brief for Respondent 13-14; see also Brief for the National Association of Criminal Defense Lawyers et al. I put the lady in the hole and I covered them up. In the present case, police scrupulously followed Miranda's dictates when questioning respondent.2 Second, it is critical to recognize that the Con-. He later … *. With her on the brief were Solicitor General Waxman, Assistant Attorney Gen-. We held that the officer's comments to the suspect constituted in-. ", In December 1993, Lindsey Owings reported to the Walker County, Texas, Sheriff's Office that the home he. | Rehearing Denied June 23, 1938. Thus, the Sixth Amendment right to counsel did not bar police from interrogating respondent regarding the murders, and his confession was therefore admissible. move the Owings' stereo, he stabbed her in the stomach with a knife he was carrying. Id., at 175. TEXAS v. COBB. as Amici Curiae 22-23. In December 1993, Lindsey Owings reported to the Walker County, Texas, Sheriff’s Office that the home he shared with his wife, Margaret, and their 16-month-old daughter, Kori Rae, had been burglarized. 474 U. S., at 168 (quoting State v. Moulton, 481 A. Pp.167-174. formation, or arraignment." Service 4633 (U.S. June 9, 2000) Brief Fact Summary. The court held that "once the right to counsel attaches to. In the course of those conversations, Moulton made various incriminating statements regarding both the thefts for which he had been charged and additional crimes. Respondent Raymond Levi Cobb lived across the street from the Owings. I laid the baby down on the ground four or five feet away from its mother. Firefox, or 2d, at 121 (burglary, robbery, and murder of home's occupant); In re Pack, 420 Pa. Super. These courts have found offenses "closely related" where they involved the same victim, set of acts, evidence, or motivation. ABA Model Rule of Professional Conduct 4.2 (2001) (lawyer is generally prohibited from communicating with a person known to be represented by counsel "about the subject of the representation" without counsel's "consent"); Green, A Prosecutor's Communications with Defendants: What Are the Limits?, 24 Crim. Brief Fact Summary. | June 9, 1938. Respondent contends that, in affirming reversal of both the theft and burglary charges, the Moulton Court must have concluded that Moulton's Sixth Amendment right to counsel attached to the burglary charge. The Sixth Amendment provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence." While under arrest for an unrelated offense, respondent confessed to a home burglary, but denied knowledge of a woman and … Some state courts and Federal Courts of Appeals, however, have read into McNeil's offense-specific definition an exception for crimes that are "factually related" to a charged offense. ASS’N v. COBB ET AL. The test has emerged as a tool in an area of our jurisprudence that THE CHIEF JUSTICE has described as "a veritable Sargasso Sea which could not fail to challenge the most intrepid judicial navigator." But the Moulton Court did not address the question now before us, and to the extent Moulton spoke to the matter at all, it expressly referred to the offense-specific nature of the Sixth Amendment right to counsel: "The police have an interest in the thorough investigation of crimes for which formal charges have already been filed. While the Edwards rule operates to preserve the free choice of a suspect to remain silent, if Jackson were to apply it would override that choice. On appeal to the Texas Court of Criminal Appeals, he argued, inter alia, that his confession should have been suppressed because it was obtained in violation of his Sixth Amendment right to counsel, which he claimed attached when counsel was appointed in the burglary case. Argued January 16, 200l-Decided April 2, 2001. Texas v. Cobb (April 2, 2001) __ US __ ISSUE Is it a violation of the Sixth Amendment right to counsel for officers to question a suspect about a crime that is “closely related” to a crime with which he has been charged and is represented by counsel? Ashe v. Swenson, 397 U. S. 436, 445, n. 10 (1970). Ante, at 3. In a superseding indictment, Moulton was charged with the original crimes as well as burglary, arson, and three additional thefts. See Michigan v. Jackson, 467 U. S. 180, 189 (1984)). Albernaz v. United States, 450 U. S. 333, 343 (1981). See id., at 176. What is left of the "communicate through counsel" rule? McNeil v. Wisconsin, 501 U.S. at 178; see also Arizona v. Roberson, 486 U.S. at 685. In December 1993, Lindsey Owings reported to the Walker County, Texas, Sheriff's Office that the home he shared with his wife, Margaret, and their 16-month-old daughter, Kori Rae, had been burglarized. Second, the right attaches when adversary proceedings, triggered by the government's formal accusation of a crime, begin. Compare Me. Internet Explorer 11 is no longer supported. See id., at *4-*5. Argued January 16, 200l-Decided April 2, 2001. 157 (Feb. 19, 1997) (testimony by police officer who obtained murder confession) ("Basically what he told us is he had gone over to the house to burglarize it and nobody was home"); 22 Record, State's Exh. On appeal to the Texas Court of Criminal Appeals, Cobb argued that his confession should have been suppressed because it was obtained in violation of his Sixth Amendment right to counsel, which he claimed attached when counsel was appointed in the burglary case. 2d 223, 236 (1995) (murder and making false statements charges), cert. 530 U. S. 1296 (2000). 99—1702. In Maine v. Moulton, which the majority points out "expressly referred to the offense-specific nature of the Sixth Amendment right to counsel," ante, at 170, we treated burglary and theft as the same offense for Sixth Amendment purposes. 2 Curiously, while predicting disastrous consequences for the core values underlying the Sixth Amendment, see post, at 179-183 (opinion of BREYER, J. I went back to my house and got a flat edge shovel. Decided April 2, 2001. In this sense, we could just as easily describe the Sixth Amendment as "prosecution specific," insofar as it prevents discussion of charged offenses as well as offenses that, under Blockburger, could not be the subject of a later prosecution.
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